Phoenix EB-5 Immigration Lawyer

Serving Clients in Phoenix and Nationwide

If you have either resources or a business plan to invest a certain amount of money in US businesses and want to get the US lawful permanent status, the employment based fifth-world preference also known as the EB-5 visa might be an option for you. 

(602) 353-7795Call  Kanu & Associates, P.C. and set up a consultation with our Phoenix EB-5 immigration attorney.

EB-5 Eligibility and Requirements

The EB-5 visa is divided into two main categories—a Direct Investment and the Regional center investment program. In order to be eligible, applicants are generally required to invest a minimum amount either in a new or existing business.

Benefits of the EB-5 Visa

The EB-5 visa offers numerous advantages that make it an appealing option for foreign investors seeking U.S. residency. First and foremost, it grants the ability to live and work anywhere in the United States, providing unparalleled freedom to choose your desired location for residency and employment. Additionally, the EB-5 visa allows for family inclusion; spouses and unmarried children under 21 can obtain green cards, ensuring that families can stay together while pursuing their American dreams.

 Another significant benefit is the potential path to U.S. citizenship. After holding a green card for five years, EB-5 visa holders may apply for naturalization, granting them full rights and privileges as U.S. citizens. Moreover, the EB-5 program can be a strategic financial investment, as the opportunity to invest in a growing market can yield substantial returns while securing residency.

Application Process Overview

The EB-5 application process involves several key steps:

Initial Investment: Determine whether you will pursue a Direct Investment or a Regional Center investment and make the required minimum investment (typically $1 million, or $500,000 in targeted employment areas).

Business Plan: Develop a comprehensive business plan that outlines how your investment will create at least ten full-time jobs for U.S. workers.

Filing Form I-526: Submit Form I-526, Immigrant Petition by Alien Investor, along with supporting documentation, including proof of your investment and the business plan. The processing time for this step can vary but often takes several months.

Approval and Visa Application: Once Form I-526 is approved, you can apply for an EB-5 visa at a U.S. consulate abroad or adjust your status if you’re already in the U.S. This involves filing Form DS-260 and attending an interview.

Conditional Residency: Upon visa approval, you and your dependents will receive conditional resident status for two years.

Form I-829: Within 90 days before your two-year conditional residency expires, file Form I-829 to remove conditions on your residency. This step requires proof that your investment has met the job creation requirements.

Permanent Residency: Once Form I-829 is approved, you and your family will receive permanent resident status.

Common Challenges and Solutions

While the EB-5 visa presents a valuable opportunity, applicants often face challenges throughout the process. One common hurdle is meeting the job creation requirement; investors must ensure their business plan accurately reflects how their investment will create at least ten full-time jobs. This often requires thorough research and strategic planning.

Another challenge can be the complexity of documentation required for the I-526 petition, including proof of the source of funds, which can be daunting for many applicants. Our firm specializes in guiding clients through this intricate documentation process, ensuring that all necessary paperwork is prepared accurately and thoroughly.

Additionally, navigating changes in immigration policies or delays in processing times can create uncertainty. We stay updated on the latest EB-5 regulations and can help clients adapt their strategies accordingly, ensuring a smoother application experience. By offering personalized support and expertise, we aim to help clients overcome these challenges and achieve their immigration goals successfully.

(602) 353-7795Call Kanu & Associates, P.C.and set up a consultation with our Phoenix EB-5 immigration attorney.